Greater Vancouver Transportation Authority v. Canadian Federation of Students - British Columbia Component, 2009 SCC 31 (2009)

Extract

---

Greater Vancouver Transportation Authority v. Canadian Federation of Students - British Columbia Component, 2009 SCC 31 (2009)

SUPREME COURT OF CANADA

Citation: Greater Vancouver Transportation Authority v. Canadian Federation of Students - British Columbia Component, 2009 SCC 31

Date: 20090710

Docket: 31845

Between:

Greater Vancouver Transportation Authority

Appellant and

Canadian Federation of Students - British Columbia Component and British Columbia Teachers' Federation

Respondents

- and -

Attorney General of New Brunswick, Attorney General of

British Columbia, Adbusters Media Foundation and

British Columbia Civil Liberties Association

Interveners

And Between:

British Columbia Transit

Appellant and

Canadian Federation of Students - British Columbia Component and British Columbia Teachers' Federation

Respondents

- and -

Attorney General of New Brunswick, Attorney General of

British Columbia, Adbusters Media Foundation and

British Columbia Civil Liberties Association

Interveners

Coram: McLachlin C.J. and Bastarache,* Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.

Reasons for Judgment:

(paras. 1 to 91)

Concurring Reasons:

(paras. 92 to 139)

Deschamps J. (McLachlin C.J. and Binnie, LeBel, Abella, Charron and Rothstein JJ. concurring)

Fish J.

* Bastarache J. took no part in the judgment.

Note: This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports.

______________________________

g.v.t.a. v. cdn. fed. of students

Greater Vancouver Transportation Authority Appellant v.

Canadian Federation of Students - British Columbia Component and British Columbia Teachers' Federation Respondents and

Attorney General of New Brunswick, Attorney General of

British Columbia, Adbusters Media Foundation and

British Columbia Civil Liberties Association Interveners

- and -

British Columbia Transit Appellant v.

Canadian Federation of Students - British Columbia Component and British Columbia Teachers' Federation Respondents and

Attorney General of New Brunswick, Attorney General of

British Columbia, Adbusters Media Foundation and

British Columbia Civil Liberties Association Interveners

Indexed as: Greater Vancouver Transportation Authority v. Canadian Federation of Students - British Columbia Component

Neutral citation: 2009 SCC 31.

File No.: 31845.

2008: March 25; 2009: July 10.

Present: McLachlin C.J. and Bastarache,* Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.

on appeal from the court of appeal for british columbia

Constitutional law - Charter of Rights - Application of Charter - Transit authorities' advertising policies permitting commercial but not political advertising on public transit vehicles - Actions brought alleging that transit authorities' policies violated freedom of expression - Whether entities which operate public transit systems "government" within meaning of s. 32 of Canadian Charter of Rights and Freedoms.

Constitutional law - Charter of Rights - Freedom of expression - Advertisements on buses - Transit authorities' advertising policies permitting commercial but not political advertising on public transit vehicles - Whether advertising policies infringing freedom of expression - If so, whether infringement can be justified - Canadian Charter of Rights and Freedoms, ss. 1, 2(b).

Constitutional law - Charter of Rights - Reasonable limits prescribed by law - Transit authorities' advertising policies permitting commercial but not political advertising on public transit vehicles - Policies infringing freedom of expression -Whether policies are "law" within meaning of s. 1 of Canadian Charter of Rights and Freedoms.

Constitutional law - Charter of Rights - Remedy - Transit authorities' advertising policies permitting commercial but not political advertising on public transit vehicles - Policies unjustifiably infringing freedom of expression - Declaration that policies are of "no force or effect" sought - Whether declaration ought to be based on s. 52 of Constitution Act, 1982 or s. 24(1) of Canadian Charter of Rights and Freedoms - Whether policies are "law" within meaning of s. 52 of Constitution Act, 1982.

The appellant transit authorities, the Greater Vancouver Transportation Authority ("TransLink") and British Columbia Transit ("BC Transit"), operate public transportation systems in British Columbia. They refused to post the respondents' political advertisements on the sides of their buses on the basis that their advertising policies permit commercial but not political advertising on public transit vehicles. The respondents commenced an action alleging that articles 2, 7 and 9 of the transit authorities' policies had violated their right to freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The trial judge dismissed the action, finding that the respondents' right to freedom of expression had not been infringed. The majority of the Court of Appeal reversed the trial judgment and declared articles 7 and 9 of the advertising policies to be of no force or effect either on the basis of s. 52(1)...

See the full content of this document

---